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Narita Adityaningrum
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INDONESIA
Reformasi Hukum Trisakti
Published by Universitas Trisakti
ISSN : -     EISSN : 2657182X     DOI : https://doi.org/10.25105/refor
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law International Law Labour Law Family Law Land Law Constitutional Law Criminal Law Etc
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 1,070 Documents
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ANALISIS PUTUSAN NOMOR 9/PID.SUS-ANAK/2023/PN.JKT.BRT TENTANG DAKWAAN PIDANA PERSETUBUHAN OLEH ANAK TERHADAP ANAK: Analysis Of Decision Number 9/Pid.Sus-Anak/2023/Pn.Jkt.Brt Regarding The Criminal Charge Of Sexual Intercourse By A Child Against A Child Citra Kirani; Citra Kirana; Dwi Alfianto
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21127

Abstract

Sexual intercourse with children is an act that occurs quite often in Indonesia today. This incident continues to increase over time, so it needs special attention from a legal perspective in Indonesia. The problem formulation of charges existence against the crime of sexual intercourse with children must be handled carefully and thoroughly by implementing applicable laws in order to get a fair decision. So the purpose of this study is to analyze the decision number 9 / pid.sus-anak / 2023 / pn, jkt.brt concerning the criminal charge of sexual intercourse by children against children. This analysis was carried out using the normative legal method with an analytical descriptive approach. The results and conclusions obtained in the decision Number 9 / Pid.SusAnak / 2023 / PN.Jkt.Brt, the Public Prosecutor filed an alternative charge against Children in Conflict with the Law using Article 81 paragraph (2) as the First Charge and Article 82 paragraph (1) Jo. Article 76E as the Second Charge. The appropriate article to be charged with ABH is Article 81 paragraph (1) which clearly describes the rule that everyone is prohibited from committing violence or threats of violence and forcing a child to have sexual intercourse with another person.
ANALISIS PRAKTIK MONOPOLI DALAM PEMASARAN BAHAN BAKAR AVTUR DI INDONESIA DARI PERSPEKTIF HUKUM PERSAINGAN USAHA: Analysis Of Monopolistic Practices In Marketing Avtural Fuel In Indonesia From A Competition Law Perspective Razaan Nazhif Firmansyah; A.M Tri Anggraini
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21128

Abstract

Competition in the aviation sector is crucial for improving quality of life and the economy. The formulation of the problem of this article is the form of government policy in the marketing of avtur fuel by PT Pertamina Patra Niaga which results in monopolistic practices and unfair business competition, and the potential exemption of PT Pertamina Patra Niaga from Articles 50(a) and 51 of Law No. 5 of 1999. Using a normative legal method with a legislative approach and descriptive nature, secondary data was obtained through literature studies and interviews with the Federation of United Pertamina Workers' Union (FSPBB). The research results and conclusions are  government policies in avtur marketing by PT Pertamina Patra Niaga have created a natural monopoly harming consumers and hindering healthy competition, and exemption from Article 50(a) of Law No. 5/1999 is justified, but PT Pertamina Patra Niaga does not meet Article 51 criteria as it is not a state-owned enterprise but a subsidiary of PT Pertamina Persero.
TINJAUAN YURIDIS TERHADAP STANDARDISASI PRODUK HELM IMPOR: Juridical Review on The Standardization of Imported Helmet Products Adhyaksa Muhammad Ilham Soekotjo; Rosdiana Saleh
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21129

Abstract

Business entities that carry out trade activities by importing helmets into the country without adhering to the Indonesian National Standard (SNI) is a form of violation related to Standardization and Conformity Assessment. The main issue is whether imported helmets entering the Indonesian market comply with the standardization requirements set forth in Law Nomor 20 of 2014 on Standardization and Conformity Assessment, and what sanctions are imposed on importers who violate these provisions. The study uses a normative type of research and descriptive research methods, which is then analyzed qualitatively, and conclusions are drawn using deductive reasoning. The findings indicate that business entities without an Indonesian National Standard (SNI) certificate who distribute and trade imported helmet products without being accompanied by Indonesian National Standard (SNI) standardization violate the provisions of Article 25 paragraph (4) of Law Nomor 20 of 2014. Such violations can result in criminal sanctions in accordance with Articles 65 and 67 of Law Number 20 of 2014, which include a maximum prison sentence of 5 (five) years and/or can be subject to a maximum fine of IDR 35,000,000,000.
Kewenangan Menteri Keuangan Memilih Ketua Dan Wail Ketua Pengadilan Pajak Berdasarkan Undang-Undang No.14. Tahun 2002: The Authority of the Minister of Finance to Select the Chairman and Deputy Chairman of the Tax Court Based on Law No. 14 of 2002 Prima Difa Warasaputra; Reni Dwi Purnomowati
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21142

Abstract

In the judicial system, the principle of independence must be upheld to ensure justice. However, there are indications that the autonomy of the tax court is being influenced. This is based on Article 8, paragraph (2) of Law Number 14 of 2002 on the Tax Court, which mandates the proposal of candidates for the positions of Chairman and Deputy Chairman of the Tax Court by the Minister of Finance. Ultimately, the Constitutional Court issued Decision No. 10/PUU-XVIII/2020 as a manifestation of judicial independence. The problem is how the authority of the Minister of Finance in selecting the Chairman and Deputy Chairman of the Tax Court before the Constitutional Court Decision No.10/PUU-XVII/2020, and what are the legal implications of this authority after the Constitutional Court Decision No.10/PUU-XVII/2020. This research is normative juridical in nature. The research is descriptive. Based on the research findings, the Ministry of Finance has the responsibility to guide the organization in both administration and finance of the tax court. Prior to the Constitutional Court's decision, the authority granted to the finance minister was not in line with the independence of the judiciary
Analisis Pelanggaran Nilai-Nilai Kepemilikan Komunal Atas Rendang Minang Akibat Adanya Produk Rendang Babi: Analysis of Communal Possession Values Violations on Rendang Minang as an Effect of Rendang Babi Products M Kahfi; Simona Bustani
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21143

Abstract

Public knowledge about Intellectual Property Rights is currently lacking, especially with regard to the right of Communal Intellectual Property. One type of communal intellectual property that is not widely known by society is the Indication of Origin. The latest case related to Indication of Origin that has become a polemic is the case of the sale of Rendang Babi products at a Padang Restaurant in Jakarta. Rendang Babi doesn't measure up to the values of Minangkabau Society as the original proprietor of Rendang Minang. The issue that the author discussed in this case is whether Rendang Babi is a violation of the communal property values of Indication of Origin Rendang Minang and how to protect Communal Intellectual Property right of Rendang Minang according to the act. Based on analysis by the author that the Rendang Minang has the values embodied in it, namely cultural values, customs, religion (kehalalan), precision, and togetherness. Rendang gives an impression on the cultural identity of the Minangkabau based on Islamic Wisdom. The existence of a Rendang Babi was not thought to match the meanings contained in the Rendang. Thus, Rendang Babi product violates the communal possession value of the Rendang Minang.
PELAKSANAAN PENGAWASAN TERHADAP DEPOT AIR MINUM ISI ULANG DI RW 02 DAN RW 09 KELURAHAN KRAMAT PELA, JAKARTA SELATAN: Supervision Of Refillable Drinking Water Depots In Rw 02 And Rw 09 Of Kramat Pela Urban Village, South Jakarta Itsnain Umar Hasby; Sharda Abrianti
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21144

Abstract

Refillable drinking water depots (DAMIU) offer a practical solution for the community's drinking water needs. However, the condition of DAMIUs that produce drinking water for the community needs to be supervised in accordance with applicable regulations as a form of consumer protection. This study aims to examine the implementation of DAM supervision in RW 02 and RW 09 Kramat Pela Urban Village, South Jakarta, as well as the application of sanctions for DAM business actors who do not comply with standards. The research is conducted socio-legally from regulations and related literature. The analysis is carried out qualitatively with an inductive method. The results of the analysis show that there are DAMs that do not meet the standards, as evidenced by the presence of E.Coli and Coliform bacteria in refill drinking water and violations in the water treatment and distribution process. Lack of supervision by the Puskesmas and related agencies through water quality testing and periodic inspections in accordance with the Minister of Health Regulation No. 2 Year 2023 on the Implementation of Government Regulation No. 66 Year 2014 on Environmental Health is the main problem. The sanction given by the Puskesmas is only a verbal warning, but there is no further evaluation after the sanction is given.
ANALISIS YURIDIS WANPRESTASI DALAM KASUS JUAL BELI MATERIAL BESI DAN SENG: Juridical Analysis of Breach of Contract in the Case of Sale and Purchase of Iron and Zinc Materials Ajie Dharmaputra; Sri Bakti Yunari
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21146

Abstract

The sale and purchase agreement that ended in a lawsuit for breach of contract occurred because one of the parties did not fulfill its obligations. The problem in this paper is the implementation of agreement between PT AS and PT HM reviewed from the applicable provisions and the method of resolving the breach of contract in court. For the finding results and conclusion in this case, PN Tangerang won PT HM, while PT Banten won PT AS. The Supreme Court confirmed the decision of PT Banten. Obtained is that the agreement is valid and binding even though it was not made in writing. In its implementation, PT AS has fulfilled its duty, while PT HM has not fulfilled its duty or is in breach of contract. The type of breach of contract committed by PT HM is carrying out what was promised, but not completed. The action of PT HM in refusing to comply with court decision and submitting a PK using falsified evidence shows that PT HM has violated the principle of good faith and can be charged with a civil lawsuit (PMH) and a criminal lawsuit (fraud / embezzlement / default and falsification of documents).
PROBLEMATIKA YURIDIS PENGEMBALIAN STATUS APARATUR SIPIL NEGARA PADA KEMENTERIAN KOPERASI DAN UKM: Juridical Problem Regarding the Reinstatement of the Status of Civil Servants at the Ministry of Cooperatives and SMEs Izeth Belthazar Hamonangan; Rido, Ali
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21149

Abstract

This research addresses the case of a Civil Servant who was previously dismissed honorably not at their own request but later had their civil servant status restored based on Decision Number 17/G/2023/PT.TUN.JKT. The research problem focuses on whether the reinstatement of the civil servant's status aligns with legal regulations and what the legal consequences of this reinstatement are. The study employs a normative legal research method with a descriptive nature. It uses secondary data, analyzed through qualitative methods, and draws conclusions using deductive reasoning. The findings and results is indicate that the reinstatement of the civil servant's status does not comply with legal regulations, as it does not involve the imposition of disciplinary penalties twice. The legal consequence is the emergence of an obligation for the Civil Service Consideration Board to issue a Decree concerning the revocation of the decision of Honorable Dismissal Not at One’s Own Request for ZPA, and ZPA's reinstatement as a Civil Servant.
Pelaksanaan Akad Murabahah Dalam Perbankan Syariah (Studi Kasus Putusan Pengadilan Agama Jakarta Pusat Nomor 1203/PDT.G/2018/PA.JP): Implementation of Murabahah Agreements in Sharia Banking (Study of Central Jakarta Religious Court Decision Number 1203/PDT.G/2018/PA.JP) Febrizka Taufani; Siti Nurbaiti
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21151

Abstract

Activities carried out by Sharia Banking must be based on sharia principles. Sharia banking is regulated in Law Number 21 of 2008 concerning Sharia Banking. Likewise, the products issued must be based on sharia principles, such as the Murabahah Agreement product. “The decision of the Central Jakarta Religious Court Number 1203/Pdt.G/2018/PA.JP” submitted an application for the Murabahah Agreement. The formulation of the problem in this research is whether the Court's decision Religion of Central Jakarta Number 1203/Pdt.G/2018/PA.JP regarding whether the Murabahah Agreement is in accordance with Law Number 21 of 2008 concerning Sharia Banking? This research uses a normative juridical research type which is descriptive and analyzed qualitatively by drawing conclusions logically deductively. The results of the discussion indicate that the dispute resolution is not yet in accordance with the regulations, and the conclusion is that the implementation of the Murabahah contract does not comply with the provisions of Law Number 21 of 2008. Meanwhile, based on Article 55 of Law Number 21 of 2008, there is authority to examine and adjudicate the implementation of the Murabahah contract.
PUTUSAN MAJELIS KEHORMATAN MAHKAMAH KONSTITUSI TERHADAP KETUA MAHKAMAH KONSTITUSI ANWAR USMAN: Decision Of The Honour Panel Of The Constitutional Court Against The Chairman Of The Constitutional Court Anwar Usman Ghaly Odeliatama Sinulingga; Yogo Pamungkas
Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i3.21155

Abstract

The Constitutional Court was established primarily to provide judicial review. Two main questions are whether Decision No. 2/MKMK/L/11/2023 of the Constitutional Court's Honorary Council complies with Law No. 24 of 2003 and Constitutional Court Regulations No. 4 of 2012 and No. 1 of 2023, and why the judges of the Constitutional Court's Honorary Council did not dismiss the Chairman of the Constitutional Court, Anwar Usman, as a constitutional judge in that decision. This thesis employs normative research methodology that is descriptive in character. backed up by secondary information obtained from primary, secondary, and tertiary legal sources. Anwar Usman should have been dismissed dishonourably for serious ethical violations, but the judges of the Constitutional Court Honorary Council chose not to dismiss him in order to uphold the legitimacy of Decision No. 2/MKMK/L/11/2023 and prevent appeals that might jeopardize legal certainty, according to the analysis.

Page 86 of 107 | Total Record : 1070

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